Bill Caption

Relating to youth diversion programs for children accused of certain fine-only offenses and related criminal justice matters; authorizing and imposing fees and fines.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 3660 would require children alleged to have engaged in non-traffic, fine-only misdemeanors to be diverted from criminal prosecution. Diversion could include participation in a program, referral to a child services provider, or required mediation, drug treatment, or community service. Each justice and municipal court in the state would be required to adopt a youth diversion plan outlining their planned implementation of diversion strategies. If enacted, they would also be permitted to appoint a youth diversion coordinator and advisory council responsible for executing their diversion strategies.

HB 3660 would permit police officers to issue a warning notice to a child fine-only misdemeanor offender, rather than arresting them or issuing a citation, if their agency guidelines permit it and they provide copies to the parents and youth diversion representative. HB 3660 details proposed requirements for diversion agreements and different diversion programs. If a child does not successfully complete the terms of a diversion program, the court would have to conduct a hearing to modify the diversion agreement or refer those with repeated failures to juvenile court.

Confidential records related to fine-only misdemeanors committed by children would become accessible by prosecutors, prosecutor and judge staff, and any person providing services to the child. HB 3660 would also require individuals convicted of a graffiti offense in a municipal or justice court to pay $50 for juvenile delinquency prevention.

Vote Recommendation Notes

Texas Action supports HB 3660 because it would advance individual liberty, personal responsibility, and limited government. Child offenders have diminished culpability and a greater capacity for change compared to adults. HB 3660 would limit such children's exposure to the criminal justice system for committing the least serious criminal offenses.